RAMSWAROOP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this bail application under Sec. 439 of the Code of Criminal Procedure 1973, the accused - petitioner has prayed that the benefit of Sec. 167, Cr. P. C. be extended to him for enlarging him on bail and he be released on bail. The offence under which he has been arrested is under Sec. 302, IPC, relating to FIR No. 36/85 lodged at the Police Station, Rawanja Doongar District Sawai Madhopur.

(2.) THE main question involved in this case is, whether the benefit of Section 167 (2) (a ). Cr. P. C. can be given to the accused-petitioner in case the maximum period of 90 days is completed.

(3.) ANOTHER limb of argument of the learned counsel is that for the purpose of Sec. 167, taking of cognizance by the Court is not necessary and, reliance has been placed on Daula Ram vs. State of Rajasthan (2 ). The relevant portion of the judgment is as follows :- "it is on the basis of proviso to sub-sec. (2), that the petitioner's claim to be released on bail. It would be useful to point out that the proviso makes it clear that no Magistrate shall authorise the detention of the accused person in custody under this paragraph for a total period exceeding ninety days where the investigations relate to the offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years. A bare reading of this sec. 167 would make it clear that it relates to the authorisation of the detention of an accused period during investigation. Therefore, if the investigations are not over within the prescribed period, the proviso to Section 167 (2) in respect of grant of bail would not apply. Therefore, the question for consideration in this case is whether in the present case, the investigations would be deemed to be over or not by the time the challan against the petitioners was filed on 30/4/83. "